White House, Gorsuch Could Clash on Search and Seizure

BLOOMBERG BNA, 14 FEBRUARY 2017, FEAT. PROF. COLIN MILLER:

Protections for non-citizens against unreasonable government searches and seizures could be an area of disagreement between President Donald J. Trump and his nominee to the U.S. Supreme Court.

Judge Neil M. Gorsuch is known for his hard-nose, originalist approach to interpreting the Fourth Amendment—which protects people from unreasonable government searches and seizures—and has been likened to the late Justice Antonin Scalia, whom he would replace if confirmed by the U.S. Senate, according to an evidence professor.

But President Trump has issued two immigration-related executive orders that suggest the administration takes the position that non-citizens don’t enjoy the same protections as citizens—one a temporary travel ban that resulted in the detention of several individuals at airports and the other a crackdown on illegal immigrants living in the U.S.

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